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Report of the superintending school committee of the Town of Lee, N.H. for the year ending (1984) online

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use of the premises and which is conducted in the same residential
structure or on the same residential lot.



Insert 13



Lot of Record. A distinct tract of land recorded in a legal deed and
filed in the records of Strafford County, New Hampshire.

Modular Home. Factory built, transportable residential unit in
one or more sections which does not contain a permanent chassis
and is designed to be placed on a permanent foundation.

Variance. A deviation from the terms of the Ordinance, not
otherwise permitted which may be granted by the Zoning Board
of Adjustment pursuant to its discretionary powers, where the
Board finds that the granting of such variance will do substantial
justice and the intent of the ordinance will still be observed. The
Board of Adjustment may in such cases grant a variance only
where such literal enforcement would result in unnecessary
hardship to the applicant. In order to support such a variance it
must be found:

(1) That no diminution in value of surrounding properties will
occur;

(2) That its denial would result in unnecessary hardship to the
owner seeking it;

(3) That special conditions exist which distinguish the property
from other similarly restricted property in the area and create
such unnecessary hardship;

(4) That by granting the variance substantial justice would be
done;

(5) That the change will not be contrary to the spirit of the
Ordinance.

The Planning Board recommends these definition changes for
the purpose of clarification of the wording and intent only.

6. Are you in favor of the adoption of Amendment #6 as pro-
posed by the Lee Planning Board for the Lee Zoning Ordinance
as follows:

Amendment #6 would amend Article III Section E(3) on Sanitary
Protection to add the following:

Any subsurface waste water disposal system which is not
expressly prohibited within the Town of Lee by Ordinance may
be considered acceptable if such system meets all applicable
State requirements.



Insert 14



Amendment #6 has been proposed by the Planning Board in
order to make local provisions to allow some of the new and
superior waste water disposal systems which are now being
designed and are approved by the State of New Hampshire.

7. Are you in favor of the adoption of Amendment #7 as pro-
posed by the Lee Planning Board for the Lee Zoning Ordinance
as follows:

Amendment #7 would add to Article III Section E (4) as follows:

A well may not be installed less than seventy five (75) feet from
an existing or proposed septic system leach bed or closer than
forty feet from the property line of an undeveloped lot.

The Planning Board recommends this amendment in order to
protect the owner of an undeveloped house lot from an abutter
placing his well close enough to a proposed septic area to render
the lot unsuitable for development.

8 & 9. Are you in favor of the adoption of Amendments #8 and 9
as proposed by the Lee Planning Board for the Lee Zoning Ordi-
nance as follows:

Amendments 8 and 9 will delete the current Article III Section I
(1 & 2) concerning the Shoreland Conservation District and
substitute the following:

Shoreland Conservation District

The intent of this district is to protect the water quality, visual
character and the wildlife habitat of the Shoreland Areas.

(1) The Shoreland Conservation District shall be all land
located within one hundred (100) feet of the shores of the Lamprey
River, Little River, North River, Oyster River, Dube Brook, and
Chelsey Brook and Wheelwright Pond. For the purposes of the
Ordinance, shore shall be defined as the high water line of the
above bodies of water.

(2) Within this district, the following restrictions shall apply
(except where otherwise permitted or required by state and federal
regulations):

a. There shall be no permanent or temporary dwellings or other
structures established with the exception of structures necessary
for the housing of pumps;

Insert 15



b. There shall be no roads;

c. There shall be no waste water disposal systems;

d. There shall be no excavation or filling unless approved by the
Planning Board and the Conservation Commission;

e. Boat ramps or swimming areas are not to exceed twenty five
(25) feet of frontage per parcel;

f . Clearing and cutting of trees within the district shall be done
according to a plan approved by the Planning Board.

(3) Within this district, the following uses are permitted:

a. Wells

b. Unpaved footpaths

c. Dry hydrants if necessary

Amendment #8 as proposed will expand the Shoreland District to
include Wheelwright Pond, Chelsey and Dube Brook and will set
forth the intent of the Article. Amendment #9 will set forth the
additional restrictions within the zone. This article has been
drafted by the Lee Conservation Commission and is recom-
mended by the Planning Board for the purpose of protecting the
water quality, visual character and the wildlife habitat of Lee's
Shoreland Areas.

10. Are you in favor of the adoption of Amendment #10 as
proposed by the Lee Planning Board for the Lee Zoning Ordi-
nance as follows:

Amendment #10 would amend Article IV B (1) to delete the
current phrase pertaining to the combining of contiguous lots
and substitute the following:

Any vacant lot that does not meet minimum size and frontage
requirements and is contiguous to another lot in the same owner-
ship shall be combined with the contiguous lot.

This amendment would clarify the provision which is currently
in the Ordinance. Any nonconforming lots which are contiguous
and are in the same ownership shall be combined to approach
minimal local standards before building. The intent is to prohibit
development of unsuitable lots; to protect the ground water and
to control development density.

11. Are you in favor of the adoption of Amendment #11 as
proposed by the Lee Planning Board for the Lee Zoning Ordi-
nance as follows:



Insert 16



Amendment #11 would amend Article IV B by adding section (3)
as follows:

Any part-time residence which is to be used over 183 days in any
given calendar year is to be considered a year round home and
shall be on a lot which conforms to area and frontage and soil
requirements.

Thie intent of this proposed amendment is to prohibit the conver-
sion of summer cottages which were constructed on lots which do
not meet local area and soil requirements from being converted to
year-round homes. The purpose is to protect the ground water
and the water qualities of Lee and to prevent high density
development.

12. Are you in favor of the adoption of Amendment #12 as pro-
posed by the Lee Planning Board for the Lee Zoning Ordinance
as follows:

Amendment #12 would amend Article IV C pertaining to Acces-
sory Use to read as follows:

Accessory Use. A resident may use his domicile for such custom-
ary uses as consultant, engineer, architect, lawyer, real estate or
other recognized professions or such home occupations as
hairdressing, dressmaking, upholstering, or other noise, smoke,
dust and odor free occupations, provided that there is no indica-
tion of such occupation visible on the exterior of the building or of
the lot, except for a permitted sign, and that no such use required
any more additional parking or parking space than would be
required for normal residency and would cause no diminution in
value of surrounding properties. (The remainder of this Article
would remain unchanged.)

This amendment is proposed for clarification purposes. The
intent is to prohibit an absentee landlord from renting apartment
and commercial space but to permit "in home businesses."

13. Are you in favor of the adoption of Amendment #13 as
proposed by the Lee Planning Board for the Lee Zoning Ordi-
nance as follows:

Amendment #13 would delete Zone B, the Recreational Zone.
Subsequent articles would be renumbered sequentially.



Insert 17



This zone permits building or seasonal residences on reduced lot
sizes. Due to the current trend of converting these cottages (see
amendment #11) to year round homes, the Planning Board
recommends that all building lots be required to meet minimal
residential requirements, as set forth in the Ordinance, Zone A.

14. Are you in favor of the adoption of Amendment #14 as
proposed by the Lee Planning Board for the Lee Zoning Ordi-
nance as follows:

Amendment #14 would amend Article VI Zone C (Commercial) to
add the minimal lot size for commercial development shall be
required to be 85,000 square feet and have a minimum road
frontage of 250 feet.

This amendment would establish a minimum lot size and front-
age requirement in the commercial zone which would be com-
parable to those requirements for residential development. Cur-
rently there are no minimal lot sizes in Zone C.

15. Are you in favor of the adoption of Amendment #15 as
proposed by the Lee Planning Board for the Lee Zoning Ordi-
nance as follows:

Amendment #15 would amend Article VI Section B (2) by
increasing commercial lot setback requirements from adjacent
lots from 25 to 100 feet. This amendment has been proposed to
increase the buffering area between commercial properties for
aesthetic reasons.

16. Are you in favor of the adoption of Amendment #16 as
proposed by the Lee Planning Board for the Lee Zoning Ordi-
nance as follows:

Amendment #16 would amend Article VI by the addition of
Section B (3) to permit waiving of side setback requirements
within the Commercial Zone in order to allow shared highway
access. The intent of this amendment is to encourage clustering
of commercial structures and reduce the number of driveway
accesses onto Route 4 and 125 in the interests of public safety, as
well as the improved aesthetic characteristics of grouped
development.



Insert 18



17. Are you in favor of the adoption of Amendment #17 as
proposed by the Lee Planning Board for the Lee Zoning Ordi-
nance as follows:

Amendment #17 would delete Article III Section F pertaining to
signs and would substitute a new article controlling the erection,
installation and maintenance of signs and establish a permit
process. Regulations concerning type, size and number permitted
by zone. This article in its entirety follows this section.

The Planning Board recommends the adoption of this Article
because standards set forth currently in the ordinance are min-
imal and confusing, making no provisions for special exception
businesses or differentiating between permitted signs in the
commercial or residential areas.

18. Are you in favor of the adoption of Amendment #18 as
proposed by the Lee Planning Board for the Lee Zoning Ordi-
nance as follows:

Amendment #18 would require that trucks carrying excavation
material be covered. Article IX, Section E.

Although this is currently a requirement by state statute and is
enforced in Lee, local ordinance does not expressly state this
requirement.

19. Are you in favor of the adoption of Amendment #19 as
proposed by the Lee Planning Board for the Lee Zoning Ordi-
nance as follows:

Amendment #19 would specify that hours of operation of gravel
pits may be restricted so as not to create a public nuisance, Also
an addition to Article IX, Section E.

The intent of this proposal is to control the hours of operation for
a gravel pit on an individual basis, taking into consideration
such factors as location by zone and proximity of residences to
the site.

20. Are you in favor of the adoption of Amendment #20 as
proposed by the Lee Planning Board for the Lee Zoning Ordi-
nance as follows:



Insert 19



Amendment #20 would amend Articles XII and XIII pertaining
to Condominium and Cluster Development such that the defini-
tion and all references to "net developable area" be deleted.

The intent of this proposal is to eliminate the acreage restriction
for net developable area (which is determined by soil suitability)
for condominium and cluster development such that acreage
requirements for this type of development would conform to the
two acres per unit required for single family development. Eco-
nomical use of the land by clustered units would be encouraged.



Insert 20



ARTICLE III
OPERATING BUDGET



Insert 21



ARTICLE III






Operating Budget




Category


1984-85


1985-86


Town Officers' salaries


$ 27,100


$ 30,700


Town Officers' expenses


30,050


36,300


Election & Registration


7,500


6,100


Town Hall & Other Bldgs.


9,150


10,900


Retirement & social security


13,500


14,700


Insurance


20,700


21,000


Property Appraisal


5,500


7,000


Legal Expenses


12,000


12,000


Contingency Fund


3,600


4,200


Interest, Short term notes


3,000


2,000


PoHce Department


76,612


84,6001


Dispatch Center


5,196


6,000


Fire Department


17,050


20,4502


Highway Department


90,000


109,000


Transfer Station


11,000


11,600


Lamprey Regional SoKd Waste


18,598


20,026


Building Inspector


2,000


2,400


Health Officer


200


200


Recreation Commission


1,000


1,000


OR Youth Assoc.


3,222


3,976


Civil Defense


100


100


Conservation Commission


50


50


Library


12,935


14,913


Town Poor


9,000


9,000


Old Age Assistance


6,000


6,000


Patriotic purposes


400


400


Cemeteries


5,000


5,000


Dog care


1,500


1,500


Planning & Zoning


7,200


9,350


Bulk gas


7,500


6,000


Special Duty


14,000


10,000



TOTALS $420,713 $466,465

^The amount represented in the operating budget for the Police
Department is a "maintenance" budget; it represents no increase
in coverage nor a change in the method of coverage. If adopted, it
would mean that fifty-five (55) hours a week of coverage would



Insert 23



still be provided by specials, i.e., part-time police officers. There is
a growing concern among members of the Budget Committee
and the Selectmen that this method of providing police coverage
for the town is fast becoming obsolete and inadequate. As an
outgrowth of this concern, the Budget Committee and the
Selectmen have examined three proposals which provide for
expanded hours of coverage and in two of the three proposals, a
different method of providing police coverage. A brief description
of the three plans follows:

Plan #1: This plan would expand the hours of coverage by
specials from the present 60 hours weelky to 92 hours weekly.
This means that the total hours budgeted would be 132 hours (40
by the full-time man and 92 by specials). The expanded coverage
would mean that a patrol car would be on the road until midnight
Monday thru Thursday and to 2 a.m. on Friday and Saturday
nights. The plan would also provide some time for more investi-
gative work. The cost of this plan is $93,500.

Plan #2: This plan would expand the hours of coverage from
the present 100 hours a week to 140 hours a week. The coverage
would be provided by the present full-time man and one additional
full-time person scheduled to work a 45 hour week at a salary of
$17,500, with no overtime. The position would be salaried, not
paid on the basis of an hourly wage. The remaining coverage (55
hours) would be provided by specials. This plan would mean that
an officer was on duty until midnight Sunday thru Thursday and
until 2 a.m. on Friday and Saturday nights. The plan would also
provide some time to allow for more investigative work. The cost
of this plan for the police budget is $99,000. In addition to the
$99,000 for the police budget, an additional $5,500 would have to
be be included elsewhere (insurance and retirement) to cover the
cost of the benefit package for the full-time officer. The total cost
of this proposal is $104,500.

Plan #3: This plan would expand the hours of coverage from
the present 100 hours a week to 153 hours a week. The coverage
would be provided by the present full-time man and by the hiring
ol two additional full-time men each with an annual salary of
$17,500. The two additional full-time men would be scheduled to
work 45 hour weeks on a regular basis. They would not receive
overtime, rather the positions would be salaried. This plan would



Insert 24



provide active coverage until 2 a.m. seven nights a week. It would
also be flexible enough to provide additional time for investiga-
tive work. The use of specials would be drastically reduced if this
plan is adopted. Specials, however, would still be used to provide
18 hours of coverage a week as well as to cover vacation and sick
time. The cost of this plan for the police department is $106,000.
In addition, another $11,000 would need to be added to the
insurance and retirement budget items to cover the cost of the
benefit package for each additional full-time man. Hence, the
total cost would be $117,000.

These three proposals address two major issues: 1) the need for
additional police coverage and 2) the method for providing that
coverage.

The evidence for the need for additional police coverage has
been statistically documented over the last five years by the Lee
Police Department. A quick review of the town reports since 1980
reveals a staggering increase in the number of requests for police
service and although it is true that not all of the calls relate to
criminal activity, it is still necessary for an officer to respond to
the call. This response involves man hours for both the initial
response and for the required follow up report. The expanded
hours of coverage would also give the department the flexibility
to devote additional time to investigative work which would, in
turn, increase the visibility of the police during those times of the
day when homes are more susceptible to being broken into and
burglarized.

Presently, the department operates on a schedule which pro-
vides a total of 100 hours of active duty coverage for the town. In
addition, there is built into the budget another thirty (30) hours a
week of "call out time." These hours are used to provide service on
an emergency basis during those hours that are not scheduled for
active coverage. For example, if there is an automobile accident
at three o'clock in the morning the officer on call responds. His
time is charged to "call out time." The adoption by Town Meeting
of any of the three proposals would increase the amount of active
coverage time by a minimum of forty -five (45) hours a week; the
amount of "call out time" would decrease accordingly, but it
would never be totally eliminated.



Insert 25



The second major issue (the method of coverage) is addressed
in plans #2 and #3. Both of these proposals encompass the
expansion of the department by the hiring of additional full-time
personnel. These proposals represent a departure from the pres-
ent policy of providing police coverage by the use of specials.
Neither proposal would eliminate the total use of specials; plan
#2 would maintain the use of specials at the present level (55
hours of active coverage) while plan #3 would reduce the number
of hours of coverage provided by specials dramatically.

For the past twelve (12) years the town has been very fortunate
to have been able to attract qualified and dedicated part-time
officers. However, with the increase in state mandated training
time the number of individuals willing to volunteer the 120 hours
necessary for certification as part-time police officers is dwin-
dling. This factor coupled with the necessity of staying current
with rapidly changing state and federal laws has hindered the
town's ability to attract additional qualified people willing to
serve in the role of part-time police officers. The task is made even
more difficult by the geographical limitations from which such
individuals can come. Since we require part-time officers to be on
call, it is necesary that they live within a geographic area that
allows prompt response time to emergency situations.

Both the Selectmen and the members of the Advisory Budget
Committee feel that the best method of insuring proper police
training and availability is to hire policemen on a full-time basis.
The Advisory Budget Committee is on record as supporting the
implementation of plan #3 which would provide for the hiring of
two additional full time policemen. The Committee's position is
that plan #3 would provide the town with needed coverage at
optimum cost. Although the Selectmen agree with the Budget
Committee that plan #3 is the most cost efficient, they have taken
the position that budgetary considerations must be of paramount
importance this year and given the increase in the town's share
of the school district and of the county, they cannot support the
increase in the municipal budget which plan #3 represents. If
they were to make a recommendation, they would recommend
the adoption of plan #2; however, all three selectmen feel strongly
that the proposed expansion of the police department is a decision
that Town Meeting should make.

^The Advisory Budget Committee recommends $19,450 for the
Fire Department budget.

Insert 26



ARTICLE VIII
SIGNS



Insert 27



ARTICLE VIII

Signs

The purpose and intent of this Article is to provide control of
the erection, installation and maintenance of signs for the pur-
pose of protection of the community and its aesthetic values.

Nonconforming Signs Any sign or other such structure not
conforming to the terms of this Ordinance shall be allowed to
continue nonconforming until such sign or structure must be
replaced for any reason.

Removal Any sign now or hereafter existing which no longer
advertises a bonafide business conducted, or product sold, shall
be removed promptly by the property owner.

A. Definitions

Sign means any exterior structure including billboards which
identifies or calls attention to any premises, person, product,
activity or business.

Free standing or Ground Sign means any sign which is not a
part of or attached to any building but is located elsewhere on a
lot.

Directional Sign means signs of a permanent nature that direct
the traveling public to specific buildings or locations.

Pylon or Pole Sign means a sign supported by or suspended
from a free-standing column or columns of structural steel, pipe
or poles.

Roof Sign means any sign erected upon or over the roof of any
building.

Size of Sign means the total exposed surface area in square feet.
Where a sign is composed of fabricated letters attached to a wall,
the size of the sign shall be determined as twice the average
height of the letters times the length of the message.
Temporary Sign means any sign, banner, pennant, or advertis-
ing display constructed of light materials intended to be displayed
for a short period of time only.

B. General Provisions

Application Application for erection permit shall be made for
all signs in writing to the Office of the Selectmen. Such applica-



Insert29



tion shall contain the following information:

1) Names, address and telephone number of applicant;

2) Location and position of sign or structure;

3) Plans or drawings with specifications;

4) Written consent of the property owners;

5) Such other information as may be required by the Town.

Inspection The owner of any sign shall inspect periodically

each sign belonging to him and it shall be the duty of said owner

to keep his sign(s) in good repair and in good appearance at all

times.

Placement All signs s^iall be prohibited within public rights

of way areas except as provided and except traffic control devices

and directional signs dee ned essential for the public welfare.

No signs shall be so designed or so placed as to endanger or
otherwise create a hazardous condition to motor vehicles.
Signs other than those attached to buildings shall not be placed
within ten (10) feet of a public right-of-way.

Illumination Signs may be illuminated only by exterior white
light so placed that they will not constitute a hazard to street or
highway driving by glare.

No flashing or animated signs shall be allowed in any zone.
Signs will be illuminated only during business hours.

Message Signs shall refer only to a use conducted on the lot
upon which they are located except that directional signs for any
one enterprise may be permitted provided they do not exceed one
in any two mile length of road.

No sign which contains a registered trademark or name which
portrays a specific commodity or service for sale will be allowed in
any zone unless the trademark or name is of the principal
commodity or service (over fifty percent) offered for sale by the
establishment.

C. Permitted Signs

Number of Signs Not more than two signs shall be permitted


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Online LibraryLee (N.H. : Town)Report of the superintending school committee of the Town of Lee, N.H. for the year ending (1984) → online text (page 5 of 9)